UNCITRAL MODEL LAW ON INTERNATIONAL ARTICLE 2 - DEFINITIONS AND RULES OF

COMMERCIAL ARBITRATION (1985) (AS ADOPTED INTERPRETATION

BY THE UNITED NATIONS COMMISSION ON ---------------------------------------------------
INTERNATIONAL TRADE LAW ON 21 JUNE 1985)
****************************************************** For the purposes of this Law:
************************
(a) "arbitration' means any arbitration whether or not administered
CHAPTER I - GENERAL PROVISIONS by a
============================== permanent arbitral institution;

ARTICLE 1 - SCOPE OF APPLICATION[^1] (b) "arbitral tribunal" means a sole arbitrator or a panel of
------------------------------------ arbitrators;

1. This Law applies to international commercial[^2] arbitration,
subject to any
agreement in force between this State and any other State or States.
2. The provisions of this Law, except articles 8, 9, 35 and 36, apply
only if
the place of arbitration is in the territory of this State.
3. An arbitration is international if:
(a) the parties to an arbitration agreement have, at the time of the
conclusion
of that agreement, their places of business in different States; or
(b) one of the following places is situated outside the State in
which the
parties have their places of business:
(i) the place of arbitration if determined in, or pursuant to, the
arbitration
agreement;
(ii) any place where a substantial part of the obligations of the
commercial
relationship is to be performed or the place with which the subject-
matter of
the dispute is most closely connected; or
(c) "court" means a body or organ of the judicial system of a State;
(d) where a provision of this Law, except article 28, leaves the
parties free
to determine a certain issue, such freedom includes the right of the
parties to
authorize a third party, including an institution, to make that
determination;
(e) where a provision of this Law refers to the fact that the parties
have
agreed or that they may agree or in any other way refers to an
agreement of the
parties; such agreement includes any arbitration rules referred to in
that
agreement;
(f) where a provision of this Law, other than in articles 25 (a) and
32 (2)
(a), refers to a claim, it also applies to a counter-claim, and where
it refers
to a defence, it also applies to a defence to such counter-claim.
ARTICLE 3 - RECEIPT OF WRITTEN COMMUNICATIONS
---------------------------------------------
1. Unless otherwise agreed by the parties:

(c) the parties have expressly agreed that the subject-matter of the
arbitration agreement relates to more than one country.
4. For the purposes of paragraph (3) of this article:
(a) if a party has more than one place of business, the place of
business is
that which has the closest relationship to the arbitration agreement;
(b) if a party does not have a place of business, reference is to be
made to
his habitual residence.
5. This Law shall not affect any other law of this State by virtue of
which
certain disputes may not be submitted to arbitration or may be
submitted to
arbitration only according to provisions other than those of this
Law.
construction of works; consulting; engineering licensing;
investment;
financing; banking; insurance; exploitation agreement or
concession; joint
venture and other forms of industrial or business co-operation;
carriage of
goods or passengers by air, sea, rail or road.
(a) any written communication is deemed to have been received if
it is
delivered to the addressee personally or if it is delivered at his
place of
business, habitual residence or mailing address; if none of these
can be found
after making a reasonable inquiry, a written communication is
deemed to have
been received if it is sent to the addressee's last-known place of
business,
habitual residence or mailing address by registered letter or any
other means
which provides a record of the attempt to deliver it;
(b) the communication is deemed to have been received on the day
it is so
delivered.
2. The provisions of this article do not apply to communications in
court
proceedings.
ARTICLE 4 - WAIVER OF RIGHT TO OBJECT
-------------------------------------
A party who knows that any provision of this Law from which the
parties may
derogate or any requirement under the arbitration agreement has
not been
complied with and yet proceeds with the arbitration without stating submitting his first statement on the substance of the dispute, refer
his the
objection to such non-compliance without undue delay or, if a parties to arbitration unless it finds that the agreement is real and
time-limit is void,
provided therefor, within such period of time, shall be deemed to inoperative or incapable of being performed.
have waived
his right to object. 2. Where an action referred to in paragraph (1) of this article has
been
ARTICLE 5 - EXTENT OF COURT INTERVENTION brought, arbitral proceedings may nevertheless be commenced or
---------------------------------------- continued, and
an award may be made, while the issue is pending before the court.
In matters governed by this Law, no court shall intervene except
where so ARTICLE 9 - ARBITRATION AGREEMENT AND INTERIM
provided in this Law. MEASURES BY COURT
---------------------------------------------------------------
ARTICLE 6 - COURT OR OTHER AUTHORITY FOR
CERTAIN FUNCTIONS OF ARBITRATION It is not incompatible with an arbitration agreement for a party to
ASSISTANCE AND SUPERVISION request,
------------------------------------------------------------------------------ before or during arbitral proceedings, from a court an interim
measure of
The functions referred to in articles 11(3), 11(4), 13(3),14,16 (3) protection and for a court to grant such measure.
and 34 (2)
shall be performed by ... [Each State enacting this model law CHAPTER III - COMPOSITION OF ARBITRAL TRIBUNAL
specifies the ==============================================
court, courts or, where referred to therein, other authority
competent to ARTICLE 10 - NUMBER OF ARBITRATORS
perform these functions.] ----------------------------------

CHAPTER II - ARBITRATION AGREEMENT 1. The parties are free to determine the number of arbitrators.
==================================
2. Failing such determination, the number of arbitrators shall be
ARTICLE 7 - DEFINITION AND FORM OF ARBITRATION three.
AGREEMENT
-------------------------------------------------------- ARTICLE 11 - APPOINTMENT OF ARBITRATORS
---------------------------------------
1. "Arbitration agreement" is an agreement by the parties to submit
to 1. No person shall be precluded by reason of his nationality from
arbitration all or certain disputes which have arisen or which may acting as an
arise arbitrator, unless otherwise agreed by the parties.
between them in respect of a defined legal relationship, whether
contractual or 2. The parties are free to agree on a procedure of appointing the
not. An arbitration agreement may be in the form of an arbitration arbitrator or
clause in a arbitrators, subject to the provisions of paragraphs (4) and (5) of
contract or in the form of a separate agreement. this
article.
2. The arbitration agreement shall be in writing. An agreement is in
writing if 3. Failing such agreement,
it is contained in a document signed by the parties or in an
exchange of (a) in an arbitration with three arbitrators, each party shall appoint
letters, telex, telegrams or other means of telecommunication one
which provide a arbitrator, and the two arbitrators thus appointed shall appoint the
record of the agreement, or in an exchange of statements of claim third
and defence arbitrator; if a party fails to appoint the arbitrator within thirty days
in which the existence of an agreement is alleged by one party and of
not denied receipt of a request to do so from the other party, or if the two
by another. The reference in a contract to a document containing arbitrators
an arbitration fail to agree on the third arbitrator within thirty days of their
clause constitutes an arbitration agreement provided that the appointment,
contract is in the appointment shall be made, upon request of a party, by the
writing and the reference is such as to make that clause part of the court or other
contract. authority specified in article 6;

ARTICLE 8 - ARBITRATION AGREEMENT AND (b) in an arbitration with a sole arbitrator, if the parties are unable
SUBSTANTIVE CLAIM BEFORE COURT to
-------------------------------------------------------------------- agree on the arbitrator, he shall be appointed, upon request of a
party, by the
1. A court before which an action is brought in a matter which is court or other authority specified in article 6.
the subject
of an arbitration agreement shall, if a party so requests not later 4. Where, under an appointment procedure agreed upon by the
than when parties,

(a) a party fails to act as required under such procedure, or
(b) the parties, or two arbitrators, are unable to reach an agreement
expected
of them under such procedure, or
(c) a third party, including an institution, fails to perform any
function
entrusted to it under such procedure,
any party may request the court or other authority specified in
article 6 to
take the necessary measure, unless the agreement on the
appointment procedure
provides other means for securing the appointment.
5. A decision on a matter entrusted by paragraph (3) and (4) of this
article to
the court or other authority specified in article 6 shall be subject to
no
appeal. The court or other authority, in appointing an arbitrator,
shall have
due regard to any qualifications required of the arbitrator by the
agreement of
the parties and to such considerations as are likely to secure the
appointment
of an independent and impartial arbitrator and, in the case of a sole
or third
arbitrator, shall take into account as well the advisability of
appointing an
arbitrator of a nationality other than those of the parties.
ARTICLE 12 - GROUNDS FOR CHALLENGE
----------------------------------
1. When a person is approached in connection with his possible
appointment as
an arbitrator, he shall disclose any circumstances likely to give rise
to
justifiable doubts as to his impartiality or independence. An
arbitrator, from
the time of his appointment and throughout the arbitral
proceedings, shall
without delay disclose any such circumstances to the parties unless
they have
already been informed of them by him.
2. An arbitrator may be challenged only if circumstances exist that
give rise
to justifiable doubts as to his impartiality or independence, or if he
does not
possess qualifications agreed to by the parties. A party may
challenge an
arbitrator appointed by him, or in whose appointment he has
participated, only
for reasons of which he becomes aware after the appointment has
been made.
ARTICLE 13 - CHALLENGE PROCEDURE
--------------------------------
1. The parties are free to agree on a procedure for challenging an
arbitrator,
subject to the provisions of paragraph (3) of this article.
2. Failing such agreement, a party which intends to challenge an
arbitrator
shall, within fifteen days after becoming aware of the constitution
of the
arbitral tribunal or after becoming aware of any circumstance
referred to in
article 12(2), send a written statement of the reasons for the
challenge to the
arbitral tribunal. Unless the challenged arbitrator withdraws from
his office
or the other party agrees to the challenge, the arbitral tribunal shall
decide
on the challenge.
3. If a challenge under any procedure agreed upon by the parties or
under the
procedure of paragraph (2) of this article is not successful, the
challenging
party may request, within thirty days after having received notice
of the
decision rejecting the challenge, the court or other authority
specified in
article 6 to decide on the challenge, which decision shall be subject
to no
appeal; while such a request is pending, the arbitral tribunal,
including the
challenged arbitrator, may continue the arbitral proceedings and
make an award.
ARTICLE 14 - FAILURE OR IMPOSSIBILITY TO ACT
--------------------------------------------
1. If an arbitrator becomes de jure or de facto unable to perform his
functions
or for other reasons fails to act without undue delay, his mandate
terminates
if he withdraws from his office or if the parties agree on the
termination.
Otherwise, if a controversy remains concerning any of these
grounds, any party
may request the court or other authority specified in article 6 to
decide on
the termination of the mandate, which decision shall be subject to
no appeal.
2. If, under this article or article 13 (2), an arbitrator withdraws
from his
office or a party agrees to the termination of the mandate of an
arbitrator,
this does not imply acceptance of the validity of any ground
referred to in
this article or article 12 (2).
ARTICLE 15 - APPOINTMENT OF SUBSTITUTE
ARBITRATOR
-------------------------------------------------
Where the mandate of an arbitrator terminates under article 13 or
14 or because
of his withdrawal from office for any other reason or because of
the revocation
of his mandate by agreement of the parties or in any other case of
termination
of his mandate, a substitute arbitrator shall be appointed according
to the
rules that were applicable to the appointment of the arbitrator being
replaced.
CHAPTER IV - JURISDICTION OF ARBITRAL TRIBUNAL
==============================================
ARTICLE 16 - COMPETENCE OF ARBITRAL TRIBUNAL TO
RULE ON ITS JURISDICTION
------------------------------------------------------------------------
1. The arbitral tribunal may rule on its own jurisdiction, including 1. Subject to the provisions of this Law, the parties are free to
any agree on the
objections with respect to the existence or validity of the procedure to be followed by the arbitral tribunal in conducting the
arbitration proceedings.
agreement. For that purpose, an arbitration clause which forms part
of a 2. Failing such agreement, the arbitral tribunal may, subject to the
contract shall be treated as an agreement independent of the other provisions
terms of the of this Law, conduct the arbitration in such manner as it considers
contract. A decision by the arbitral tribunal that the contract is null appropriate. The power conferred upon the arbitral tribunal
and includes the power
void shall not entail ipso jure the invalidity of the arbitration to determine the admissibility, relevance, materiality and weight of
clause. any
evidence.
2. A plea that the arbitral tribunal does not have jurisdiction shall
be raised ARTICLE 20 - PLACE OF ARBITRATION
not later than the submission of the statement of defence. A party is ---------------------------------
not
precluded from raising such a plea by the fact that he has 1. The parties are free to agree on the place of arbitration. Failing
appointed, or such
participated in the appointment of, an arbitrator. A plea that the agreement, the place of arbitration shall be determined by the
arbitral arbitral
tribunal is exceeding the scope of its authority shall be raised as tribunal having regard to the circumstances of the case, including
soon as the the
matter alleged to be beyond the scope of its authority is raised convenience of the parties.
during the
arbitral proceedings. The arbitral tribunal may, in either case, 2. Notwithstanding the provisions of paragraph (1) of this article,
admit a later the
plea if it considers the delay justified. arbitral tribunal may, unless otherwise agreed by the parties, meet
at any
3. The arbitral tribunal may rule on a plea referred to in paragraph place it considers appropriate for consultation among its members,
(2) of for hearing
this article either as a preliminary question or in an award on the witnesses, experts or the parties, or for inspection of goods, other
merits. If property
the arbitral tribunal rules as a preliminary question that it has or documents.
jurisdiction,
any party may request, within thirty days after having received ARTICLE 21 - COMMENCEMENT OF ARBITRAL
notice of that PROCEEDINGS
ruling, the court specified in article 6 to decide the matter, which -------------------------------------------------
decision
shall be subject to no appeal; while such a request is pending, the Unless otherwise agreed by the parties, the arbitral proceedings in
arbitral respect of
tribunal may continue the arbitral proceedings and make an award. a particular dispute commence on the date on which a request for
that dispute
ARTICLE 17 - POWER OF ARBITRAL TRIBUNAL TO to be referred to arbitration is received by the respondent.
ORDER INTERIM MEASURES
----------------------------------------------------------------- ARTICLE 22 - LANGUAGE
---------------------
Unless otherwise agreed by the parties, the arbitral tribunal may, at
the 1. The parties are free to agree on the language or languages to be
request of a party, order any party to take such interim measure of used in the
protection arbitral proceedings. Failing such agreement, the arbitral tribunal
as the arbitral tribunal may consider necessary in respect of the shall
subject-matter of the dispute. The arbitral tribunal may require any determine the language or languages to be used in the proceedings.
party to This
provide appropriate security in connection with such measure. agreement or determination, unless otherwise specified therein,
shall apply to
CHAPTER V - CONDUCT OF ARBITRAL PROCEEDINGS any written statement by a party, any hearing and any award,
=========================================== decision or other
communication by the arbitral tribunal.
ARTICLE 18 - EQUAL TREATMENT OF PARTIES
--------------------------------------- 2. The arbitral tribunal may order that any documentary evidence
shall be
The parties shall be treated with equality and each party shall be accompanied by a translation into the language or languages
given a full agreed upon by the
opportunity of presenting his case. parties or determined by the arbitral tribunal.

ARTICLE 19 - DETERMINATION OF RULES OF ARTICLE 23 - STATEMENTS OF CLAIM AND DEFENCE

PROCEDURE --------------------------------------------
------------------------------------------------
1. Within the period of time agreed by the parties or determined by
the
arbitral tribunal, the claimant shall state the facts supporting his
claim, the
points at issue and the relief or remedy sought, and the respondent
shall state
his defence in respect of these particulars, unless the parties have
otherwise
agreed as to the required elements of such statements. The parties
may submit
with their statements all documents they consider to be relevant or
may add a
reference to the documents or other evidence they will submit.
2. Unless otherwise agreed by the parties, either party may amend
or supplement
his claim or defence during the course of the arbitral proceedings,
unless the
arbitral tribunal considers it inappropriate to allow such
amendment having
regard to the delay in making it.
ARTICLE 24 - HEARINGS AND WRITTEN PROCEEDINGS
---------------------------------------------
1. Subject to any contrary agreement by the parties, the arbitral
tribunal
shall decide whether to hold oral hearings for the presentation of
evidence or
for oral argument, or whether the proceedings shall be conducted
on the basis
of documents and other materials. However, unless the parties have
agreed that
no hearings shall be held, the arbitral tribunal shall hold such
hearings at an
appropriate stage of the proceedings, if so requested by a party.
2. The parties shall be given sufficient advance notice of any
hearing and of
any meeting of the arbitral tribunal for the purposes of inspection
of goods,
other property or documents.
3. All statements, documents or other information supplied to the
arbitral
tribunal by one party shall be communicated to the other party.
Also any expert
report or evidentiary document on which the arbitral tribunal may
rely in
making its decision shall be communicated to the parties.
ARTICLE 25 - DEFAULT OF A PARTY
-------------------------------
Unless otherwise agreed by the parties, if, without showing
sufficient cause,
(a) the claimant fails to communicate his statement of claim in
accordance with
article 23 (1), the arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his statement of defence in
accordance
with article 23 (1), the arbitral tribunal shall continue the
proceedings
without treating such failure in itself as an admission of the
claimant's
allegations;
(c) any party fails to appear at a hearing or to produce documentary
evidence,
the arbitral tribunal may continue the proceedings and make the
award on the
evidence before it.
ARTICLE 26 - EXPERT APPOINTED BY ARBITRAL
TRIBUNAL
--------------------------------------------------
1. Unless otherwise agreed by the parties, the arbitral tribunal
(a) may appoint one or more experts to report to it on specific
issues to be
determined by the arbitral tribunal;
(b) may require a party to give the expert any relevant information
or to
produce, or to provide access to, any relevant documents, goods or
other
property for his inspection.
2. Unless otherwise agreed by the parties, if a party so requests or
if the
arbitral tribunal considers it necessary, the expert shall, after
delivery of
his written or oral report, participate in a hearing where the parties
have the
opportunity to put questions to him and to present expert witnesses
in order to
testify on the points at issue.
ARTICLE 27 - COURT ASSISTANCE IN TAKING EVIDENCE
------------------------------------------------
The arbitral tribunal or a party with the approval of the arbitral
tribunal may
request from a competent court of this State assistance in taking
evidence. The
court may execute the request within its competence and according
to its rules
on taking evidence.
CHAPTER VI - MAKING OF AWARD AND TERMINATION
OF PROCEEDINGS
===============================================
============
ARTICLE 28 - RULES APPLICABLE TO SUBSTANCE OF
DISPUTE
-----------------------------------------------------
1. The arbitral tribunal shall decide the dispute in accordance with
such rules
of law as are chosen by the parties as applicable to the substance of
the
dispute. Any designation of the law or legal system of a given State
shall be
construed, unless otherwise expressed, as directly referring to the
substantive
law of that State and not to its conflict of laws rules.
2. Failing any designation by the parties, the arbitral tribunal shall
apply
the law determined by the conflict of laws rules which it considers
applicable.
3. The arbitral tribunal shall decide ex aequo et bono or as amiable
compositeur only if the parties have expressly authorized it to do
so.
4. In all cases, the arbitral tribunal shall decide in accordance with 2. The arbitral tribunal shall issue an order for the termination of
the the
terms of the contract and shall take into account the usages of the arbitral proceedings when:
trade
applicable to the transaction. (a) the claimant withdraws his claim, unless the respondent objects
thereto and
ARTICLE 29 - DECISION-MAKING BY PANEL OF the arbitral tribunal recognizes a legitimate interest on his part in
ARBITRATORS obtaining
---------------------------------------------------- a final settlement of the dispute;

In arbitral proceedings with more than one arbitrator, any decision
of the
arbitral tribunal shall be made, unless otherwise agreed by the
parties, by a
majority of all its members. However, questions of procedure may
be decided by
a presiding arbitrator, if so authorized by the parties or all members
of the
arbitral tribunal.
ARTICLE 30 - SETTLEMENT
-----------------------
1. If, during arbitral proceedings, the parties settle the dispute, the
arbitral tribunal shall terminate the proceedings and, if requested
by the
parties and not objected to by the arbitral tribunal, record the
settlement in
the form of an arbitral award on agreed terms.
2. An award on agreed terms shall be made in accordance with the
provisions of
article 31 and shall state that it is an award. Such an award has the
same
status and effect as any other award on the merits of the case.
ARTICLE 31 - FORM AND CONTENTS OF AWARD
---------------------------------------
1. The award shall be made in writing and shall be signed by the
arbitrator or
arbitrators. In arbitrator proceedings with more than one arbitrator,
the
signatures of the majority of all members of the arbitral tribunal
shall
suffice, provided that the reason for any omitted signature is stated.
2. The award shall state the reasons upon which it is based, unless
the parties
have agreed that no reasons are to be given or the award is an
award on agreed
terms under article 30.
3. The award shall state its date and the place of arbitration as
determined in
accordance with article 20 (1). The award shall be deemed to have
been made at
that place.
4. After the award is made, a copy signed by the arbitrators in
accordance with
paragraph (1) of this article shall be delivered to each party.
(b) the parties agree on the termination of the proceedings;
(c) the arbitral tribunal finds that the continuation of the
proceedings has
for any other reason become unnecessary or impossible.
3. The mandate of the arbitral tribunal terminates with the
termination of the
arbitral proceedings, subject to the provisions of articles 33 and 34
(4).
ARTICLE 33 - CORRECTION OF INTERPRETATION OF
AWARD; ADDITIONAL AWARD
--------------------------------------------------------------------
1. Within thirty days of receipt of the award, unless another period
of time
has been agreed upon by the parties:
(a) a party, with notice to the other party, may request the arbitral
tribunal
to correct in the award any errord in computation, any clerical or
typographical errors or any errors of similar nature;
(b) if so agreed by the parties, a party, with notice to the other
party, may
request the arbitral tribunal to give an interpretation of a specific
point or
part of the award.
If the arbitral tribunal considers the request to be justified, it shall
make
the correction or give the interpretation within thirty days of
receipt of the
request. The interpretation shall form part of the award.
2. The arbitral tribunal may correct any error of the type referred to
in
paragraph (1) (a) of this article on its own initiative within thirty
days of
the day of the award.
3. Unless otherwise agreed by the parties, a party, with notice to
the other
party, may request, within thirty days of receipt of the award, the
arbitral
tribunal to make an additional award as to claims presented in the
arbitral
proceedings but omitted from the award. If the arbitral tribunal
considers the
request to be justified, it shall make the additional award within
sixty days.

ARTICLE 32 - TERMINATION OF PROCEEDINGS
---------------------------------------
1. The arbitral proceedings are terminated by the final award or by
an order of
the arbitral tribunal in accordance with paragraph (2) of this article.
4. The arbitral tribunal may extend, if necessary, the period of time
within
which it shall make a correction, interpretation or an additional
award under
paragraph (1) or (3) of this article.
5. The provisions of article 31 shall apply to a correction or that award or, if a request had been made under article 33, from the
interpretation date on
of the award or to an additional award. which that request had been disposed of by the arbitral tribunal.

CHAPTER VII - RECOURSE AGAINST AWARD 4. The court, when asked to set aside an award, may, where
==================================== appropriate and so
requested by a party, suspend the setting aside proceedings for a
ARTICLE 34 - APPLICATION FOR SETTING ASIDE AS period of
EXCLUSIVE RECOURSE AGAINST time determined by it in order to give the arbitral tribunal an
ARBITRAL AWARD opportunity to
------------------------------------------------------------------------------ resume the arbitral proceedings or to take such other action as in
the arbitral
1. Recourse to a court against an arbitral award may be made only tribunal's opinion will eliminate the grounds for setting aside.
by an
application for setting aside in accordance with paragraphs (2) and CHAPTER VIII - RECOGNITION AND ENFORCEMENT OF
(3) of this AWARDS
article. ===============================================
=====
2. An arbitral award may be set aside by the court specified in
article 6 only ARTICLE 35 - RECOGNITION AND ENFORCEMENT
if: ----------------------------------------

(a) the party making the application furnishes proof that: 1. An arbitral award, irrespective of the country in which it was
made, shall
(i) a party to the arbitration agreement referred to in article 7 was be recognized as binding and, upon application in writing to the
under competent
some incapacity; or the said agreement is not valid under the law to court, shall be enforced subject to the provisions of this article and
which the of
parties have subjected it or, failing any indication thereon, under article 36.
the law of
this State; or 2. The party relying on an award or applying for its enforcement
shall supply
(ii) the party making the application was not given proper notice of the duly authenticated original award or a duly certified copy
the thereof, and the
appointment of an arbitrator or of the arbitral proceedings or was original arbitration agreement referred to in article 7 or a duly
otherwise certified
unable to present his case; or copy thereof. If the award or agreement is not made in an official
language of
(iii) the award deals with a dispute not contemplated by or not this State, the party shall supply a duly certified translation thereof
falling within into
the terms of the submission to arbitration, or contains decisions on such language.[^3]
matters
beyond the scope of the submission to arbitration, provided that, if ARTICLE 36 - GROUNDS FOR REFUSING RECOGNITION
the OR ENFORCEMENT
decisions on matters submitted to arbitration can be separated from ------------------------------------------------------------
those not
so submitted, only that part of the award which contains decisions 1. Recognition or enforcement of an arbitral award, irrespective of
on matters the country
not submitted to arbitration may be set aside; or in which it was made, may be refused only:

(iv) the composition of the arbitral tribunal or the arbitral (a) at the request of the party against whom it is invoked, if that
procedure was not party
in accordance with the agreement of the parties, unless such furnishes to the competent court where recognition or enforcement
agreement was in is sought
conflict with a provision of this Law from which the parties cannot proof that:
derogate,
or, failing such agreement, was not in accordance with this Law; or (i) a party to the arbitration agreement referred to in article 7 was
under
(b) the court finds that: some incapacity; or the said agreement is not valid under the law to
which the
(i) the subject-matter of the dispute is not capable of settlement by parties have subjected it or, failing any indication thereon, under
arbitration under the law of this State; or the law of
the country where the award was made; or
(ii) the award is in conflict with the public policy of this State.
(ii) the party against whom the award is invoked was not given
3. An application for setting aside may not be made after three proper notice of
months have the appointment of an arbitrator or of the arbitrator proceedings or
elapsed from the date on which the party making that application was
had received otherwise unable to present his case; or
(iii) the award deals with a dispute not contemplated by or not
falling within
the terms of the submission to arbitration, or it contains decisions
on matters
beyond the scope of the submission to arbitration, provided that, if
the
decisions on matters submitted to arbitration can be separated from
those not
so submitted, that part of the award which contains decisions on
matters
submitted to arbitration may be recognized and enforced; or

(iv) the composition of the arbitral tribunal or the arbitral

procedure was not
in accordance with the agreement of the parties or, failing such
agreement, was
not in accordance with the law of the country where the arbitration
took place;
or

(v) the award has not yet become binding on the parties or has been
set aside
or suspended by a court of the country in which, or under the law
of which,
that award was made; or

(b) if the court finds that:

(i) the subject-matter of the dispute is not capable of settlement by

arbitration under the law of this State; or

(ii) the recognition or enforcement of the award would be contrary

to the
public policy of this State.

2. If an application for setting aside or suspension of an award has

been made
to a court referred to in paragraph (1) (a) (v) of this article, the
court
where recognition or enforcement is sought may, if it considers it
proper,
adjourn its decision and may also, on the application of the party
claiming
recognition or enforcement of the award, order the other party to
provide
appropriate security.

FOOTNOTES
[1]: Article headings are for reference purposes only and are not to
be used for
purposes of interpretation.

[2]: The term "commercial" should be given a wide interpretation

so as to cover
matters arising from all relationships of a commercial nature,
whether
contractual or not. Relationships of a commercial nature include,
but are not
limited to, the following transactions: any trade transaction for the
supply
or exchange of goods or services; distribution agreement;
commercial
representation or agency; factoring; leasing;

[3]: The conditions set forth in this paragraph are intended to set
maximum
standards. It would, thus, not be contrary to the harmonization to
be achieved
by the model law if a State retained even less onerous conditions.